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  • News: The President Executive Order: Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela

    [Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)]
    [Presidential Documents]
    [Pages 12747-12751]
    From the Federal Register Online via the Government Printing Office [www.gpo.gov]
    [FR Doc No: 2015-05677]




    Presidential Documents



    Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 /
    Presidential Documents

    ___________________________________________________________________

    Title 3--
    The President

    [[Page 12747]]

    Executive Order 13692 of March 8, 2015


    Blocking Property and Suspending Entry of Certain
    Persons Contributing to the Situation in Venezuela

    By the authority vested in me as President by the
    Constitution and the laws of the United States of
    America, including the International Emergency Economic
    Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
    National Emergencies Act (50 U.S.C. 1601 et seq.)
    (NEA), the Venezuela Defense of Human Rights and Civil
    Society Act of 2014 (Public Law 113-278) (the
    ``Venezuela Defense of Human Rights Act'') (the
    ``Act''), section 212(f) of the Immigration and
    Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and
    section 301 of title 3, United States Code,

    I, BARACK OBAMA, President of the United States of
    America, find that the situation in Venezuela,
    including the Government of Venezuela's erosion of
    human rights guarantees, persecution of political
    opponents, curtailment of press freedoms, use of
    violence and human rights violations and abuses in
    response to antigovernment protests, and arbitrary
    arrest and detention of antigovernment protestors, as
    well as the exacerbating presence of significant public
    corruption, constitutes an unusual and extraordinary
    threat to the national security and foreign policy of
    the United States, and I hereby declare a national
    emergency to deal with that threat. I hereby order:

    Section 1. (a) All property and interests in property
    that are in the United States, that hereafter come
    within the United States, or that are or hereafter come
    within the possession or control of any United States
    person of the following persons are blocked and may not
    be transferred, paid, exported, withdrawn, or otherwise
    dealt in:

    (i) the persons listed in the Annex to this order; and

    (ii) any person determined by the Secretary of the Treasury, in
    consultation with the Secretary of State:

    (A) to be responsible for or complicit in, or responsible for ordering,
    controlling, or otherwise directing, or to have participated in, directly
    or indirectly, any of the following in or in relation to Venezuela:

    (1) actions or policies that undermine democratic processes or
    institutions;

    (2) significant acts of violence or conduct that constitutes a serious
    abuse or violation of human rights, including against persons involved in
    antigovernment protests in Venezuela in or since February 2014;

    (3) actions that prohibit, limit, or penalize the exercise of freedom of
    expression or peaceful assembly; or

    (4) public corruption by senior officials within the Government of
    Venezuela;

    (B) to be a current or former leader of an entity that has, or whose
    members have, engaged in any activity described in subsection (a)(ii)(A) of
    this section or of an entity whose property and interests in property are
    blocked pursuant to this order;

    (C) to be a current or former official of the Government of Venezuela;

    (D) to have materially assisted, sponsored, or provided financial,
    material, or technological support for, or goods or services to or in
    support of:

    (1) a person whose property and interests in property are blocked pursuant
    to this order; or

    [[Page 12748]]

    (2) an activity described in subsection (a)(ii)(A) of this section; or

    (E) to be owned or controlled by, or to have acted or purported to act for
    or on behalf of, directly or indirectly, any person whose property and
    interests in property are blocked pursuant to this order.

    (b) The prohibitions in subsection (a) of this
    section apply except to the extent provided by
    statutes, or in regulations, orders, directives, or
    licenses that may be issued pursuant to this order, and
    notwithstanding any contract entered into or any
    license or permit granted prior to the effective date
    of this order.

    Sec. 2. I hereby find that the unrestricted immigrant
    and nonimmigrant entry into the United States of aliens
    determined to meet one or more of the criteria in
    subsection 1(a) of this order would be detrimental to
    the interests of the United States, and I hereby
    suspend entry into the United States, as immigrants or
    nonimmigrants, of such persons, except where the
    Secretary of State determines that the person's entry
    is in the national interest of the United States. This
    section shall not apply to an alien if admitting the
    alien into the United States is necessary to permit the
    United States to comply with the Agreement Regarding
    the Headquarters of the United Nations, signed at Lake
    Success June 26, 1947, and entered into force November
    21, 1947, or other applicable international
    obligations.

    Sec. 3. I hereby determine that the making of donations
    of the type of articles specified in section 203(b)(2)
    of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the
    benefit of any person whose property and interests in
    property are blocked pursuant to section 1 of this
    order would seriously impair my ability to deal with
    the national emergency declared in this order, and I
    hereby prohibit such donations as provided by section 1
    of this order.

    Sec. 4. The prohibitions in section 1 of this order
    include but are not limited to:

    (a) the making of any contribution or provision of
    funds, goods, or services by, to, or for the benefit of
    any person whose property and interests in property are
    blocked pursuant to this order; and
    (b) the receipt of any contribution or provision of
    funds, goods, or services from any such person.

    Sec. 5. (a) Any transaction that evades or avoids, has
    the purpose of evading or avoiding, causes a violation
    of, or attempts to violate any of the prohibitions set
    forth in this order is prohibited.

    (b) Any conspiracy formed to violate any of the
    prohibitions set forth in this order is prohibited.

    Sec. 6. For the purposes of this order:

    (a) the term ``person'' means an individual or
    entity;
    (b) the term ``entity'' means a partnership,
    association, trust, joint venture, corporation, group,
    subgroup, or other organization;
    (c) the term ``United States person'' means any
    United States citizen, permanent resident alien, entity
    organized under the laws of the United States or any
    jurisdiction within the United States (including
    foreign branches), or any person in the United States;
    (d) the term ``Government of Venezuela'' means the
    Government of Venezuela, any political subdivision,
    agency, or instrumentality thereof, including the
    Central Bank of Venezuela, and any person owned or
    controlled by, or acting for or on behalf of, the
    Government of Venezuela.

    Sec. 7. For those persons whose property and interests
    in property are blocked pursuant to this order who
    might have a constitutional presence in the United
    States, I find that because of the ability to transfer
    funds or other assets instantaneously, prior notice to
    such persons of measures to be taken pursuant to this
    order would render those measures ineffectual. I
    therefore determine that for these measures to be
    effective in addressing

    [[Page 12749]]

    the national emergency declared in this order, there
    need be no prior notice of a listing or determination
    made pursuant to section 1 of this order.

    Sec. 8. The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to
    take such actions, including the promulgation of rules
    and regulations, and to employ all powers granted to
    the President by IEEPA and section 5 of the Venezuela
    Defense of Human Rights Act, other than the authorities
    contained in sections 5(b)(1)(B) and 5(c) of that Act,
    as may be necessary to carry out the purposes of this
    order, with the exception of section 2 of this order,
    and the relevant provisions of section 5 of that Act.
    The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the
    United States Government consistent with applicable
    law. All agencies of the United States Government are
    hereby directed to take all appropriate measures within
    their authority to carry out the provisions of this
    order.

    Sec. 9. The Secretary of State is hereby authorized to
    take such actions, including the promulgation of rules
    and regulations, and to employ all powers granted to
    the President by IEEPA, the INA, and section 5 of the
    Venezuela Defense of Human Rights Act, including the
    authorities set forth in sections 5(b)(1)(B), 5(c), and
    5(d) of that Act, as may be necessary to carry out
    section 2 of this order and the relevant provisions of
    section 5 of that Act. The Secretary of State may
    redelegate any of these functions to other officers and
    agencies of the United States Government consistent
    with applicable law.

    Sec. 10. The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to
    determine that circumstances no longer warrant the
    blocking of the property and interests in property of a
    person listed in the Annex to this order, and to take
    necessary action to give effect to that determination.

    Sec. 11. The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to
    submit the recurring and final reports to the Congress
    on the national emergency declared in this order,
    consistent with section 401(c) of the NEA (50 U.S.C.
    1641(c)) and section 204(c) of IEEPA (50 U.S.C.
    1703(c)).

    Sec. 12. This order is not intended to, and does not,
    create any right or benefit, substantive or procedural,
    enforceable at law or in equity by any party against
    the United States, its departments, agencies, or
    entities, its officers, employees, or agents, or any
    other person.

    [[Page 12750]]

    Sec. 13. This order is effective at 12:01 a.m. eastern
    daylight time on March 9, 2015.


    (Presidential Sig.)

    THE WHITE HOUSE,

    March 8, 2015.

    Billing Code 3295-F5-P

    [[Page 12751]]

    ANNEX

    1. Antonio Jos[eacute] Benavides Torres [Commander
    of the Central Integral Strategic Defense Region of the
    National Armed Forces, former Director of Operations
    for the National Guard; born June 13, 1961]
    2. Gustavo Enrique Gonz[aacute]lez L[oacute]pez
    [Director General of the National Intelligence Service
    and President of the Strategic Center of Security and
    Protection of the Homeland; born November 2, 1960]
    3. Justo Jos[eacute] Noguera Pietri [President of
    the Venezuelan Corporation of Guayana, former General
    Commander of the National Guard; born March 15, 1961]
    4. Katherine Nayarith Haringhton Padron [National
    Level Prosecutor of the 20th District Office of the
    Public Ministry; born December 5, 1971]
    5. Manuel Eduardo P[eacute]rez Urdaneta [Director
    of the National Police; born May 26, 1962]
    6. Manuel Gregorio Bernal Mart[iacute]nez [Chief of
    the 31st Armored Brigade of Caracas, former Director
    General of the National Intelligence Service; born July
    12, 1965]
    7. Miguel Alcides Vivas Landino [Inspector General
    of the National Armed Forces, former Commander of the
    Andes Integral Strategic Defense Region of the National
    Armed Forces; born July 8, 1961]

    [FR Doc. 2015-05677
    Filed 3-10-15; 8:45 am]
    Billing Code 4811-33-P
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